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Can we legally sue members of panchayat i.e. panchs?

(Querist) 04 May 2015 This query is : Resolved 
First of all warm greetings to our experts here, they keep typing replies one after another SELFLESSLY. I am pretty sure they don't get any monetary benefit out of it, they just do it for public benefit. Especially P.S. Dhingra sir.

Our story so far:
My elder brother was divorced in 3 years back, we searched a lot, but it's virtually impossible to find a bride above 20 years age in our caste! We live in Jaipur, but people of our caste here are still backwards and believe a lot in panchayat etc.
We found a girl who was already married 1 year back. She didn't like her first husband as he was a villager, so she ran away from there and came back home! There was no need of a proper marriage ceremony, so her parents plainly talked to us and sent her here last year. Turned out, that girl was mentally disturbed, she would get hyper angry for petty things and didn't respect anyone in our home. She didn't act like a normal human, she would watch tv till 2 am, wake up at 10 am, play loud music whole day, didn't work at all. But we kept ignoring thinking that she is uncomfortable here and will adjust with time.

Within a month, we got fed up and decided to leave her. We called up her mother, she came here and tried to persuade the girl to stay, but the girl was adamant and wanted to leave. I have made a video when her mother was here. It clearly shows that the girl wants to leave us but her mother doesn't want so. But I can delete/format that device whenever I want, and there is not a single picture/video which shows her to be living in our home. But a lot of our/her relatives have seen her personally living here and 2-3 of them MAY testify against us if this matter reaches a court.

Last week we got him engaged with someone in our caste. But that girl's parents went there 2 days back and started arguing and fighting with them and my mamaji. My mamaji always supports us in every step of life, he's an educated office goer but still believes in this panch/samaaj crap.

It's possible that a panchayat will be held at that girl's house and they will unanimously decide against us in our absence. Obviously me and my parents don't care at all for panchs etc. The panchs may declare a fatwa of jaat-baahar against us and mamaji, and he is tensed about this. If he is declared so, he will be prohibited from contacting anyone in the same caste, even his own sisters and brothers. In reality most people in our caste are scared of this, so they pay lakhs of rupees as a penalty. And the panchayat wastes the money for public bhoj!
I have heard rumors that someone threatened to sue the panchs and they backed off from that person's case.

1. Is it possible to charge/notify the panchs in order to prevent them from declaring any such fatwas?

2. The girl's parents are totally illiterate and are scared of police/courts in general. They didn't even imagine of going to the cops or lawyers till date (we came to know somehow). Can we issue a legal notice to them, to stop interfering and damaging our reputation?
Dr J C Vashista (Expert) 04 May 2015
1. Yes, the panches/Sarpanch is not above law and cannot take the law in their own hands. If they adventure so, you can prosecute them individually.
2. You should encourage them to come forward and proceed as per law of the land. The panch/sarpanch do not enjoy any authority, they are just doing community service in the village to settle the petty issues amicably.
3. Contact, consult and engage a local lawyer.
Sudhir Kumar, Advocate (Expert) 04 May 2015
the said girl was never married to your brother legally. They have no claim on her matrimonial rights.

However your brother can be alleged for rape for having co-habited with her making a mentally derailed girl to be his legally wedded wife and other male/female family members (including you) can be taken in as abettors. But to your good luck her family doe snot believe in police.
Sudhir Kumar, Advocate (Expert) 04 May 2015
Agreeing with Dr Vashista, I would add that such penchants do not come in ways of any strong man.

Only village panchayat has legal authority to look after administration of village and even they are not empowered to impose fine or ex-communication.

Caste panchayat has absolutely no legal status.
Anil Kumar (Querist) 04 May 2015
Thanks a lot for your valuable suggestions. Now we are relieved and confident. We are just gonna sit tight and carry on with our day to day life.
In case the caste panchayat is held, we will go there and warn the panchs of legal consequences.
Rajendra K Goyal (Expert) 04 May 2015
Agree with the expert Sudhir kumar.
Anil Kumar (Querist) 04 May 2015
There is a SUDDEN change in our situation, now we are little powerful than before.
Today my father (worried about all this) was searching for a remedy for this situation. Somehow he came to know that his close pal is now a BIG SHOT in police department. He had no idea about it till today, so he immediately called him up.


Upon hearing the situation, he promised to look into the matter. But now I am afraid about abusing such connections.

What would be an appropriate action which gives us complete peace of mind, while scaring the crap out of those culprits?
We don't wanna go overboard and put them all in jail. We only want them to leave us alone and never interfering in our lives ever again.
Sudhir Kumar, Advocate (Expert) 04 May 2015
if he is willing to help you then why are you exposing him on internet.

Do you want the said IG to be in trouble.
Rajendra K Goyal (Expert) 05 May 2015
You should not reveal your connection to the IG at this public site.
Hemant Agarwal (Expert) 05 May 2015
1. On the contrary, the said IG friend can now be criminally prosecuted by the Girl's side, since the IG being a Public Servant, is bound to take suo-motto cognizance of any offence that comes to his notice.

2. Divorced bother of "Anil Kumar" has committed criminal offence of Adultery & Rape, by keeping another persons wedded wife, in his house for over one month.

Keep Smiling .... Hemant Agarwal
READ ARTICLES ON: http://hemantagarwal21.blogspot.in/?view=sidebar
Anil Kumar (Querist) 05 May 2015
That's why I didn't mention the city.

Anyways, thanks to all the experts. I have made appropriate modifications in my reply to rectify the mistake.

Really appreciate your contributions, keep up the good work!
Sudhir Kumar, Advocate (Expert) 05 May 2015
Ha......Ha......Ha......

Do you think that the authorities higher than IG are really so stupid that they cannot connect you and the said IG.
T. Kalaiselvan, Advocate (Expert) 05 May 2015
Dont worry, nothing will happen. Do not rope in the said police officer into this controversy, you can manage the situation by yourself, if at all there is a panchayat meeting on this issue and passing any adverse decisions against your people, then you can issue a legal notice to them asking them the authority to do so and also to reply that why a defamatory suit should not be filed against them. This legal notice will take care of most of the issues.


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